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TO: Mayor Richard C. Irvin
FROM: Zoning Board of Appeals
DATE: December 7, 2017
SUBJECT:
An Ordinance Granting a Variance to the Quantity of Recreational Vehicles Allowed Pursuant to Section 5.13-3.8.1.B.ii, and to the Size of Recreational Vehicles Allowed Pursuant to Section 5.13-3.8.1.c.ii, for the Property Located at 1219 5th Street (Michael K. Allison - 17-01019 / AU34/1-17.181-V - SB - Ward 4)
PURPOSE:
The variance is requested by the Petitioner, Michael K. Allison, to allow the storage of two additional recreational vehicles on the subject property, and to allow the storage of recreational vehicles that are greater than twenty-five feet in length and eleven feet in height.
BACKGROUND:
The Subject Property is zoned R-1, One Family Dwelling district, and is located in a neighborhood that is generally residential. The subject property is .75 acres, which is generally larger than the nearby residential properties: the lot frontage is measured 178.6 feet, and the lot depth is 181.3 feet. A 2,183 square foot, one-story house is also located on the subject property, along with a 900 square foot, detached garage. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
DISCUSSION:
The Petitioner frequently utilizes recreational vehicles to travel for long distance work trips, and for family trips, and has been living at this location for over twenty years. There is currently one recreational trailer that is stored on the subject property that meets the standards of the Aurora Zoning Ordinance for one zoning lot.
Existing restrictions that prohibit adequate storage of additional recreational vehicles on the subject property have proven a hardship for the Petitioner, prohibiting effective and efficient utilization and maintenance of the same vehicles. However, the considerable lot dimensions of the property, and the presence of the detached garage, allows the Petitioner to adequately screen the parked recreational vehicles from the adjacent residential properties through landscaping and fencing near the property’s lot line.
POLICIES AND GUIDELINES:
The Staff's Evaluation is based on the following Physical Development Policies:
22.1 (1): To achieve appropriate zoning protection for residential areas designated
In the land use plan.
22.1 (2): To protect designated areas of existing conventional single-family
Development from inappropriate highly intensive land uses.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
RECOMMENDATIONS:
The Zoning Board of Appeals recommended CONDITIONAL APPROVAL of said variance with the following conditions:
1) That the additional recreational vehicles that will be stored on the subject property meet the following criteria:
a) No more than two additional vehicles be stored on the subject property.
b) The stored recreational vehicles not exceed 39'-8" in length and 13'-6" in height.
2) That the requested variance be limited to the Petitioner and the Petitioner's immediate family for the storage of two additional recreational vehicles on the subject property.
ATTACHMENTS:
EXHIBITS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Survey
Property Research Sheet
Land Use Petition and Supporting Documents
Legistar History Report
Legistar Number: 17-01019
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Variance to the Quantity of Recreational Vehicles Allowed Pursuant to Section 5.13-3.8.1.B.ii, and to the Size of Recreational Vehicles Allowed Pursuant to Section 5.13-3.8.1.c.ii, for the Property Located at 1219 5th Street.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Allison, Michael K & Diane K is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated August 31, 2017, Michael K. Allison filed with the City of Aurora a petition Requesting approval of a Variance for Additional Quantity of recreational vehicles allowed on a zoning lot; and Size of recreational vehicles allowed pursuant to Section 5.13-3.8.1.B.ii and Section 5.13-3.8.1.C.ii for the property at 1219 5th Street Lot 1; Lot 2; Lot 3 and related required documents as attached hereto as Exhibits "A" through Exhibit “B”; and
WHEREAS, on December 6, 2017, the Zoning Board of Appeals of the City of Aurora held a public hearing and therein found that the requested variation met the standards prescribed by Section 10.5-3 of said Ordinance and therein and recommended CONDITIONAL APPROVAL of said Variance with the following conditions:
1) That the additional recreational vehicles that will be stored on the subject property meet the following criteria:
a) No more than two additional vehicles be stored on the subject property.
b) The stored recreational vehicles not exceed 39'-8" in length and 13'-6" in height.
2) That the requested variance be limited to the Petitioner and the Petitioner's immediate family for the storage of two additional recreational vehicles on the subject property.
WHEREAS, on December 14, 2017, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Zoning Board of Appeals, finds that the proposed Variance is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the real property legally described on Exhibit “A” is hereby granted the following variation from the standards of Ordinance No. 3100, being the Aurora Zoning Ordinance:
Section 5.13-3.8.1.B.ii, Quantity of recreational vehicles allowed; and Section 5.13-3.8.1.C.ii: Size of recreational vehicles allowed.
Section Six: That the City Clerk of the City of Aurora is hereby authorized and directed to file with Kane County Recorder’s Office a certified copy of this Ordinance, on the property legally described on Exhibit “A”.